Bill Text: NY S00480 | 2019-2020 | General Assembly | Introduced

Bill Title: Authorizes the attorney general to investigate and prosecute the alleged commission of any criminal offense or offenses committed by police officers in connection with the performance of their regular duties.

STATE OF NEW YORK
________________________________________________________________________
480
2019-2020 Regular Sessions
IN SENATE(Prefiled)
January 9, 2019
___________
Introduced by Sens. RIVERA, COMRIE, KAVANAGH, SEPULVEDA, SERRANO -- read
twice and ordered printed, and when printed to be committed to the
Committee on Investigations and Government Operations
AN ACT to amend the executive law, in relation to granting the attorney
general jurisdiction to investigate and prosecute police misconduct
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 63 of the executive law is amended by adding a new
2 subdivision 17 to read as follows:
3 17. Investigate the alleged commission of any criminal offense or
4 offenses committed by a police officer in connection with the perform-
5 ance of his or her official duties, and prosecute any such person or
6 persons believed to have committed such criminal offense or offenses in
7 connection with the performance of his or her official duties. The
8 attorney general may only exercise the jurisdiction provided by this
9 subdivision upon a written finding that such jurisdiction is necessary
10 because: (a) of a lack of alternative prosecutorial resources to
11 adequately investigate and prosecute such criminal offense or offenses
12 or, (b) the exercise of such jurisdiction is necessary to ensure the
13 confidence of the public in the judicial system. In all such
14 proceedings, the attorney general may appear in person or by his or her
15 deputy or assistant before any court or grand jury and exercise all of
16 the powers and perform all of the duties with respect to such actions or
17 proceedings which the district attorney would otherwise be authorized or
18 required to exercise or perform.
19 § 2. This act shall take effect on the ninetieth day after it shall
20 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05461-01-9